Free Stipulation of Dismissal of Party - District Court of Colorado - Colorado

Case 1:02-cv-01841-MSK-MJW

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 02-cv-01841-MSK-MJW UNITED STATES OF AMERICA, Plaintiff, v. 117.54 ACRES OF LAND, MORE OR LESS, SITUATED IN LA PLATA, COUNTY, COLORADO; and STATE OF COLORADO; et al., Defendants.

STIPULATION AND DISMISSAL OF DEFENDANT QWEST CORPORATION

Plaintiff United States of America (the "United States") and Defendant Qwest Corporation ("Qwest") hereby stipulate and agree as follows: 1. The United States has filed the above-captioned condemnation action (this

"Action") in which it has taken certain perpetual easements and temporary easements over, under, on and/or across certain real property described in the Fourth Amended Complaint in Condemnation (the "Subject Property"). 2. Qwest has property interests in the Subject Property pursuant to an

easement granted to Qwest's predecessor-in-interest and recorded in the real property records of

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the La Plata County Clerk and Recorder on June 9, 1904 in Book 104 at Page 112 (the "Easement"). A copy of the Easement is attached hereto as Exhibit A. 3. Qwest further has property interests in the Subject Property pursuant to an

Right of Way Agreement between the State of Colorado and Qwest's predecessor-in-interest entered into on April 7, 1975 and identified as "Right of Way No. 2132, Book 21" (the "First Right of Way Agreement"). A copy of the First Right of Way Agreement is attached hereto as Exhibit B. 4. Qwest further has property interests in the Subject Property pursuant to an

Right of Way Agreement between the State of Colorado and Qwest's predecessor-in-interest entered into on March 3, 1978 and identified as "Right of Way No. 2322, Book 23" (the "Second Right of Way Agreement"). A copy of the Second Right of Way Agreement is attached hereto as Exhibit C. 5. Other than the Easement, the First Right of Way Agreement, and the

Second Right of Way Agreement, Qwest disclaims any right, title, or interest in and to the Subject Property and to any award of just compensation or settlement herein. 6. The United States and Qwest hereby stipulate that the Easement, the First

Right of Way Agreement, and Second Right of Way Agreement are not impacted by the construction project undertaken by the United States on the Subject Property. Accordingly, the Subject Property will be taken subject to the Easement, the First Right of Way Agreement and the Second Right of Way Easement. The United States agrees to reflect this fact in any Final

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Order filed in this matter. The United States further agrees that, prior to filing the Final Order, it will provide a draft copy to counsel for Qwest for comment. 7. This stipulation shall be binding upon the United States, Qwest and their

successors, and assigns. 8. The United States and Qwest stipulate that Qwest shall be dismissed from

this Action, each party to bear its own attorney's fees and costs. 9. This stipulation will be submitted to the United States District Court. The

United States and Qwest herby request that it be approved by and become enforceable as an Order of the Court. WHEREFORE, the United States and Qwest hereby request that this Court enter this Stipulation as an Order of the Court. A proposed order is filed simultaneously with this stipulation.

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Dated: December 12, 2006 TROY A. EID United States Attorney LOWE, FELL & SKOGG, LLC

s/ Stephen D. Taylor Stephen D. Taylor Assistant U.S. Attorney 1225 Seventeenth St., Suite 700 Denver, CO 80202 Telephone: 303-454-0100 Fax: 303-454-0408 Email: [email protected] ATTORNEY FOR PLAINTIFF UNITED STATES OF AMERICA

s/ Jannine R. Mohr Karen L. Brody Jannine R. Mohr 370 Seventeenth Street, Suite 4900 Denver, CO 80202 Telephone: 720-359-8200 Fax: 720359-8201 Email: [email protected] ATTORNEYS FOR DEFENDANT QWEST CORPORATION

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CERTIFICATE OF SERVICE I hereby certify that on December 12, 2006, I electronically filed the foregoing STIPULATION AND DISMISSAL OF QWEST CORPORATION with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses:

Stephen D. Taylor Michael A. Goldman Todd Miller Timothy J. Monahan

[email protected] [email protected] [email protected] [email protected]

And I hereby certify that on December 12, 2006 I mailed or served the document or paper to the following non-CM/ECF participants in the manner indicated by the nonparticipant's name:

By mail, postage prepaid Teresa Silcox Torrey, Esq. The Williams Companies, Inc. 295 Chipeta Way Salt Lake City, UT 84108 Mr. Ken Ouellette Bureau of Reclamation U.S. Department of the Interior 835 East Second Street, Suite 300 Durango, CO 81301

s/ Anne Van Teyens

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